BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.444 of 2017

Date of Instt. 20.11.2017

Date of Decision: 22.05.2019

Daljit Singh S/o Shri Surjit Singh R/o 802, Green Model Town, Jalandhar, Punjab.

..........Complainant

Versus

Hotel President, 27, Police Lines Road, Jalandhar Through its Chairman/Directors/Principal Officer/Manager Amit Kumar.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before: Sh. Karnail Singh (President)

Smt. Jyotsna (Member)

Present: Sh. Atul Malhotra, Adv Counsel for the Complainant.

Sh. Gulshan Arora, Adv Counsel for the OP.

Order

Karnail Singh (President)

1. The instant complaint has been filed by the complainant, wherein alleged that the complainant had booked a banquet hall of OP for a family function for 02.02.2017 and made an advance payment of Rs.25,000/- through cheque bearing No.608845 dated 23.01.2017, which was received by OP, vide receipt No.4376 dated 23.01.2017. But due to sad demise of father-in-law of the complainant on 28.01.2017, family of complainant decided for a simply marriage without any pomp and show. As such, the complainant informed OP to cancel the booking and refund the advance payment. The manager of the OPs namely Amit Kumar gave assurance to the complainant that either OP will refund the said advance payment of Rs.25,000/- or will adjust the said payment in any other way. Thereafter, completing formalities of marriage and sad demise in the family of the complainant, the complainant approached OP through said manager Amit Kumar, who promised and assured complainant that OP will provide Free Food Vouchers for Rs.25,000/- to the complainant.

2. That thereafter, the complainant along with his family, visited OP hotel for dinner and for availing free food vouchers on one or two occasions. The OP obviously provided food to the complainant, but after too much delay. Then again in the month of August, 2017, when complainant approached OP hotel along with his family members to enjoy dinner as free food vouchers out of the said amount of Rs.25,000/- , but staff of the OP refused to cater to complainant stating that the said manager Amit Kumar could not be contacted. The complainant felt very bad in front of his family members and insisted on meeting said manager Amit Kumar. The said Manager Amit Kumar did not take mobile phone call from complainant and staff of OP refused to cater complainant with free food vouchers and as such, complainant had to return alongwith his family members without enjoying food. The complainant felt very bad and harassed in front of his family and tried to contact OP and then complainant sent a legal notice dated 29.02.2017 through his counsel Sh. Atul Malhotra, Adv to the OP, but all in vain. Due to the above said facts, there is a deficiency in services, negligence, unfair trade practice as well as restrictive trade practice on the part of the OP and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund the amount of Rs.25,000/- along with interest @ 18% per annum from 23.01.2017, till its realization and further OP be directed to pay compensation of Rs.50,000/- to the complainant for the above mentioned deficiency, negligence and unfair trade practice and further OP be directed to pay litigation expenses of Rs.5000/-.

3. Notice of the complaint was given to the OP, who appeared and filed reply and contested the complaint filed by the complainant is false and frivolous, it is sheer abuse of process of law and has been filed to fetch money under the garb of Consumer Act and further averred that the complainant has no cause of action to file the present complaint. It is further alleged that the complaint has been filed with ulterior motive just ot harass and humiliate the OP. It is further averred that the complainant has not come to the Forum with clean hands rather he has suppressed the material facts. As there is no negligence or deficiency in service on the part of the OP and the complainant does not fall within the ambit of the Consumer Protection Act. In fact, the complainant booked Hall in the Hotel for 02.02.2017 for a family function and paid a sum of Rs.25,000/- through cheque as advance on 23.01.2017. It was a peak season, but without cancellation of booking, the complainant did not avail the booking and the Hall remained vacant although, the respondent had spent a lot for the decoration of the hall as per celebrations, got installed D. J. etc. arranged for food etc. for the guests. It is pertinent to mention here that the Hall was booked for 01.02.2017 and also on 03.02.2017. Even for 02.02.2017, the OP had returned so many customers and refused their booking offer. The complainant cancelled the booking without notice to the OP and as per Booking Brochure, the advance paid is non-refundable, but in order to fetch money, complainant filed the present complaint. On merits, it is admitted that the complainant got booked Hall and made an advance payment of Rs.25,000/-, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

4. In order to prove the case of the complainant, counsel for the complainant tendered into evidence affidavit of the complainant Ex.CA and supplementary affidavit of the complainant Ex.CB alongwith some documents Ex.C-1 to Ex.C-14 and closed the evidence.

5. Similarly, counsel for the OP tendered into evidence affidavit of Sh. Amit Vij, Manager Hotel President, Jalandhar as Ex.OW1/A alongwith documents Ex.OW1 and Ex.OW2 and closed the evidence.

6. We have heard the learned counsel for the respective parties and also gone through the written arguments submitted by both the parties as well as case file very minutely.

7. Without going in detail, we have to find out whether the complainant is in a position to establish the allegations as made in the complaint and for that purpose, we have to glance the allegations of the complainant, which are as under:- That the complainant alleged that he booked a Banquet Hall for family function for 02.02.2017 and accordingly, made a payment of Rs.25,000/- in advance, but due to sad demise in the family, the family of the complainant decided to celebrate the marriage in simply way and accordingly, the complainant got cancelled the said booking and make a request to the OP to refund the said advance amount and further, OP agreed to adjust the said amount by way of Free Food Vouchers, but the OP did not provide Free Food Vouchers nor refund the said amount.

8. The first allegation of the complainant is that he has got cancelled the booking much prior to the date of function i.e. 02.02.2017, admittedly the complainant has not described the exact date on which the booking was got cancelled. We find the said allegation of the complainant is not supported by any documentary or solid oral evidence. If the booking was got by depositing an amount through cheque and on accepting of receipt of that amount, then why the booking was not got cancelled by submitting in writing. Even there is no evidence that the booking was orally got cancelled. It is the case of the OP that the complainant himself got cancelled the booking without giving any notice or information to the OP rather the OP kept vacant the said Banquet Hall for the complainant, but the complainant did not come present and as such, there is no fault on the part of the OP rather it is fault on the part of the complainant. It is natural phenomenon that whenever we got booked any Banquet Hall or any Marriage Palace for any type of function, then it require to inform the said authority of the Banquet Hall or Marriage Palace, regarding cancellation of the said booking much prior the date fixed for that function, but in the instant case, the Banquet Hall was booked for 02.02.2017 and father-in-law of the complainant as alleged by the complainant expired on 28.01.2017 and it is the bounded duty of the complainant to immediately informed the OP, very much day i.e. 28.01.2017, but the complainant never informed even upto 01.01.2017. So, if the complainant himself at fault, not giving information to the OP for cancellation of the Banquet Hall, then how we can adjudge that there is a deficiency in service or unfair trade practice on the part of the OP.

9. The other story propounded by the complainant in regard to Free Food Vouchers seems to be a self made story and it is concocted just to make a ground to file instant complaint. So, from the over all circumstances as discussed above, we came to conclusion that there is no substances in the argument of learned counsel for the complainant, therefore, the complaint is dismissed with no order of cost. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work.

10. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated Jyotsna Karnail Singh

22.05.2019 Member President